49 C.F.R. PART 367—STANDARDS FOR REGISTRATION WITH STATES
Title 49 - Transportation
Authority: 49 U.S.C. 13301 and 14504; and 49 CFR 1.73.
Source: 58 FR 28933, May 18, 1993, unless otherwise noted. Redesignated at 61 FR 54707, Oct. 21, 1996.
Editorial Note: Nomenclature changes to part 367 appear at 66 FR 49870, Oct. 1, 2001.
(a) The Secretary. The Secretary of Transportation. (b) Motor carrier and carrier. A person authorized to engage in the transportation of passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 U.S.C. 13902. (c) Motor vehicle. A self-propelled or motor driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the Secretary. (d) Principal place of business. A single location that serves as a motor carrier's headquarters and where it maintains or can make available its operational records. (e) State. A State of the United States or the District of Columbia. [58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997] (a) A State is eligible to participate as a registration State and to receive fee revenue only if, as of January 1, 1991, it charged or collected a fee for a vehicle identification stamp or a number pursuant to the provisions of the predecessor to this part. (b) An eligible State that intends either to commence or to cease participating in the registration program must publish notice of its intention by the 1st day of July of the year preceding the registration year in which it will commence or cease participating. (a) Each motor carrier required to register and pay filing fees must select a single participating State as its registration State. The carrier must select the State in which it maintains its principal place of business, if such State is a participating State. A carrier that maintains its principal place of business outside of a participating State must select the State in which it will operate the largest number of motor vehicles during the next registration year. In the event a carrier will operate the same largest number of vehicles in more than one State, it must select one of those States. (b) A carrier may not change its registration State unless it changes its principal place of business or its registration State ceases participating in the program, in which case the carrier must select a registration State for the next registration year under the standards of paragraph (a) of this section. (c) A carrier must give notice of its selection to the State commission of its selected registration State, and, the State commission of its prior registration State, within 30 days after it has made its selection. If a carrier changes its principal place of business during the annual registration period specified in §367.4(b)(2), the carrier may continue to use its prior registration State, if any, for the next registration year. (d) A carrier must give notice of its selection to its insurer or insurers as soon as practicable after it has made its selection. [58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997] (a) Except as provided in paragraph (c)(1) of this section with regard to a carrier operating under temporary authority, only a motor carrier holding a certificate or permit issued by the Secretary under 49 U.S.C. 13902 shall be required to register under these standards. (b) A motor carrier operating in interstate or foreign commerce in one or more participating States under a certificate or permit issued by the Secretary shall be required to register annually with a single registration State, and such registration shall be deemed to satisfy the registration requirements of all participating States. (1) The registration year will be the calendar year. (2) A carrier must file its annual registration application between the 1st day of August and the 30th day of November of the year preceding the registration year. A carrier that intends to commence operating during the current registration year may register at any time, but it must do so before it commences operating. (3) The registration application must be in the form appended to this part and must contain the information and be accompanied by the fees specified in paragraph (c) of this section. There will be no prorating of fees to account for partial year operations. (4) A carrier that has changed its registration State since its last filing must identify the registration State with which it previously filed. (c) A motor carrier must file, or cause to be filed, the following with its registration State: (1) Copies of its certificates and/or permits. A carrier must supplement its filing by submitting copies of any new operating authorities as they are issued. Once a carrier has submitted copies of its authorities, it may thereafter satisfy the filing requirement by certifying that the copies are on file. A carrier may, with the permission of its registration State, submit a summary of its operating authorities in lieu of copies. A carrier granted emergency temporary authority or temporary authority having a duration of 120 days or less is not required to file evidence of such authority, but it must otherwise comply with the requirements of this section; (2) A copy of its proof of public liability security submitted to and accepted by the Secretary under 49 CFR part 387, subpart C or a copy of an order of the Secretary approving a public liability self-insurance application or other public liability security or agreement under the provisions of that part. A carrier must supplement its filings as necessary to ensure that current information is on file. Once a carrier has submitted, or caused to be submitted, a copy of its proof or order of the Secretary, it may thereafter satisfy the filing requirement by certifying that it has done so and that its security, self-insurance, or agreement remains in effect; (3) A copy of its designation of an agent or agents for service of process submitted to and accepted by the Secretary under 49 CFR part 366. A carrier must supplement its filings as necessary to ensure that current information is on file. Once a carrier has submitted a copy of its designation, it may thereafter satisfy the filing requirement by certifying that its designation is on file; and (4) A fee for the filing of proof of insurance. In support of such fee, the carrier must submit the following information: (i) The number of motor vehicles it intends to operate in each participating State during the next registration year; (ii) The per vehicle fee each pertinent participating State charges, which fee must equal the fee, not to exceed $10, that such State collected or charged as of November 15, 1991; (iii) The total fee due each participating State; and (iv) The total of all fees specified in paragraph (c)(4)(iii) of this section. (d) Consistent with its obligations under paragraph (c)(2) of this section, a carrier must cause to be timely filed with its registration State copies of any notices of cancellation or of any replacement certificates of insurance, surety bonds, or other security filed with the Secretary under 49 CFR part 387, subpart C. (e) A carrier must make such supplemental filings at any time during the registration year as may be necessary to specify additional vehicles and/or States of operation and to pay additional fees. (f) A motor carrier must submit to its insurer or insurers a copy of the supporting information, including any supplemental information, filed with its registration State under paragraphs (c)(4) and (e) of this section. (g) The charging or collection of any fee that is not in accordance with the fee system established above is deemed a burden on interstate commerce. This includes fees for the registration or filing of evidence of insurance whether assessed directly upon the carrier or indirectly upon the insurance provider or other party who seeks reimbursement from the carrier. (h) To the extent any State registration requirement imposes obligations in excess of those specified in this part, the requirement is an unreasonable burden on transportation within the Secretary's jurisdiction under 49 U.S.C. 13501. [58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997] (a) On compliance by a motor carrier with the annual or supplemental registration requirements of §367.4, the registration State must issue the carrier a receipt reflecting that the carrier has filed the required proof of insurance and paid fees in accordance with the requirements of that section. The registration State also must issue a number of official copies of the receipt equal to the number of motor vehicles for which fees have been paid. (1) The receipt and official copies must contain only information identifying the carrier and specifying the States for which fees were paid. Supplemental receipts and official copies need contain only information relating to their underlying supplemental registrations. (b) Receipts and official copies issued pursuant to a filing made during the annual registration period specified in §367.4(b)(2) must be issued within 30 days of filing of a fully acceptable registration application. All other receipts and official copies must be issued by the 30th day following the date of filing of a fully acceptable supplemental registration application. All receipts and official copies shall expire at midnight on the 31st day of December of the registration year for which they were issued. (c) A carrier is permitted to operate its motor vehicles only in those participating States with respect to which it has paid appropriate fees, as indicated on the receipts and official copies. It may not operate more motor vehicles in a participating State than the number for which it has paid fees. (d) A motor carrier may not copy or alter a receipt or an official copy of a receipt. (e) A motor carrier must maintain in each of its motor vehicles an official copy of its receipt indicating that it has filed the required proof of insurance and paid appropriate fees for each State in which it operates. (f) A motor carrier may transfer its official copies of its receipts from vehicles taken out of service to their replacement vehicles. (g) The driver of a motor vehicle must present an official copy of a receipt for inspection by any authorized government personnel on reasonable demand. (h) No registration State shall require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by a motor carrier. [60 FR 30012, June 7, 1995. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997] (a) A participating State must, on or before the last day of each month, allocate and remit to each other participating State the appropriate portion of the fee revenue registrants submitted during the preceding month. Each remittance must be accompanied by a supporting statement identifying registrants and specifying the number of motor vehicles for which each registrant submitted fees. A participating State must submit a report of “no activity” to any other participating State for which it collected no fees during any month. (b) A participating State must maintain records of fee revenue received from and remitted to each other participating State. Such records must specify the fees received from and remitted to each participating State with respect to each motor carrier registrant. A participating State must retain such records for a minimum of 3 years. (c) A participating State must keep records pertaining to each of the motor carriers for which it acts as a registration State. The records must, at a minimum, include copies of annual and supplemental registration applications containing the information required by §367.4(c). A registration State must retain all such records for a minimum of 3 years. [58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997] Any violation of the provisions of these standards is unlawful. Nothing in these standards shall be construed to prevent a State from imposing criminal penalties or civil sanctions upon any person or organization violating any provision of them. Motor Carrier Identification Numbers: Applicant (Identical to name on FMCSA order): Principal Place of Business Address:1 1 A principal place of business is a single location that serves as a motor carrier's headquarters and where it maintains or can make available its operational records. Mailing Address if Different From Business Address Above: Type of Registration: [ ] New Carrier Registration—The motor carrier has not previously registered. [ ] Annual Registration—The motor carrier is renewing its annual registration. [ ] Supplemental Registration—The motor carrier is adding additional vehicles or States of travel after its annual registration. [ ] New Registration State Selection—The motor carrier has changed its principal place of business or its prior registration State has left the registration program. The prior registration State was __________. [ ] Additional States not registered in prior years. List Type of Motor Carrier: (Check one) [ ] Individual emsp;[ ] Partnership emsp;[ ] Corporation If corporation, give State in which incorporated:__________ List names of partners or officers: Type of FMCSA Registered Authority: Permanent Certificate or Permit [ ] Temporary Authority (TA) [ ] Emergency Temporary Authority (ETA) [ ] FMCSA Certificate(s) or Permit(s): [ ] FMCSA Authority Order(s) attached for initial registration. [ ] FMCSA Authority Order(s) attached for additional grants received. [ ] No change from prior year registration. Proof of Public Liability Security: [ ] The applicant is filing, or causing to be filed, a copy of its proof of public liability security submitted to and accepted by the FMCSA under 49 CFR part 387, subpart C. [ ] The applicant has filed, or caused to be filed, a copy of its proof of public liability security submitted to and accepted by the FMCSA under 49 CFR part 387, subpart C, and the security remains in effect. FMCSA Approved Self-Insurance or Other Securities: [ ] FMCSA Insurance order attached for new carrier registration. (Check one when completing for annual registration.) [ ] The FMCSA Order approving the self-insurance plan or other security is still in full force and effect, and the carrier is in full compliance with all conditions imposed by the FMCSA Order. [ ] The motor carrier is no longer approved under a self-insurance plan or other security, and the motor carrier will file, or cause to be filed, a copy of proof of public liability security with this application in the registration State. Hazardous Materials: (Check one) [ ] The applicant will not haul hazardous materials in any quantity. [ ] The applicant will haul hazardous materials that require the following limits in accordance with Title 49 CFR 387.303: (Check one) [ ] Public Liability and Property Damage Insurance of $1 million. [ ] Public Liability and Property Damage Insurance of $5 million. Process Agents: [ ] FMCSA Form No. BOC–3 or blanket designation attached for new registration. [ ] FMCSA Form No. BOC–3 or blanket designation attached reflecting changes of designation of process agents. [ ] No change from prior year registration. Certification: I, the undersigned, under penalty for false statement, certify that the above information is true and correct and that I am authorized to execute and file this document on behalf of the applicant. (Penalty provisions subject to the laws of the registration State.) [58 FR 28933, May 18, 1993. Redesignated at 61 FR 54707, Oct. 21, 1996, as amended at 62 FR 15420, Apr. 1, 1997]
Title 49: Transportation
PART 367—STANDARDS FOR REGISTRATION WITH STATES
Section Contents
§ 367.1 Definitions.
§ 367.2 Participation by States.
§ 367.3 Selection of registration State.
§ 367.4 Requirements for registration.
§ 367.5 Registration receipts.
§ 367.6 Registration State accounting.
§ 367.7 Violations unlawful; criminal penalties and civil sanctions.
Appendix A to Part 367—Uniform Application for Single State Registration for Motor Carriers Registered with the Secretary of Transportation
§ 367.1 Definitions.
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§ 367.2 Participation by States.
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§ 367.3 Selection of registration State.
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§ 367.4 Requirements for registration.
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§ 367.5 Registration receipts.
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§ 367.6 Registration State accounting.
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§ 367.7 Violations unlawful; criminal penalties and civil sanctions.
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Appendix A to Part 367—Uniform Application for Single State Registration for Motor Carriers Registered with the Secretary of Transportation
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US DOT No.____________________
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